HomeMy WebLinkAbout2004 09 20 Regular 508
COMMISSION AGENDA
ITEM 508
Consent
Information
Public Hearine
Regular X
September 20. 2004
Meeting
MGR.~
/Dept. /~
REQUEST:
Community Development Department requests that the City Commission consider an Annexation and
Pre-development Agreement and its associated concept plan for 11 acres owned by Highlander
Investments Ltd., located on the south side ofSR 434, gener,ally east of the Winter Springs Automotive
site and generally north of Tuskawilla Trails.
PURPOSE:
The purpose of this agenda item is for the Commission to consider an Annexation and Pre-development
Agreement addressing issues pertinent to developing the site for as many as 170 town home units. The
agreement addresses issues including, but not limited to, the applicable $300 fee, reimbursement for fees
associated with roadway construction, City construction of Yz of a roadway along the eastern boundary,
wall and buffer requirements, Town Center roadway types, a possible temporary dead-end street,
alignment ofthe new roadways with Doran Drive and Cliffrose Drive, traffic signal equipment area
easements, comprehensive plan requirements, individual unit garbage collection, street light standards,
and provision of model units that will eventually be converted into dwellings and' sold as such. The
agreement and associated concept plan does not waive any code provision not specifically set forth in the
agreement and agreed to by the City Commission.
APPLICABLE REGULATIONS:
Section 166.021, Florida Statutes.
Chapter 171, Florida Statutes.
Comprehensive Plan
Chapter 9 (Code). Land Development.
Chapter 20, Article III, Division 12, Sections 20 - 320 thru 20 - 327.
Resolution 2001-45.
1
September 20, 2004
City Commission Regular Item 508
Page 2 of3
CONSIDERATIONS:
At its August 23, 2004, meeting, the City Commission reviewed a concept plan for as many as
170 town homes on II acres (approximately 15.5 units per acre) owned by Highlander
Investments. Unanswered issues about roadway types and dimensions, as well as the
Comprehensive Plan requirement for a bike lane on collector roads contributed to the item being
deferred. In the interim, Dover Kohl has re-defined its position on the proposed hybrid roadway
(modified edge drive) and has provided an acceptable alternative (please see attached memo and
diagram).
The applicant had submitted a draft Annexation and Pre-development Agreement and requests that the
applicable $300 development agreement fee be waived. Staff has reviewed this document and the City
Attorney is providing a modification of that document. The agreement addresses the City funding any
and all costs associated with provision of a collector roadway through the site (to align with Doran Drive
and eventually extend to Tuskawilla Road). It would have a temporary dead end at the site boundary,
unless the City obtains either the other one-half right-of-way from the adjacent property owner or a
construction easement to construct a north-south road along the eastern boundary of the site (to align
with and connect across SR 434 with Cliffrose Drive - the exact location of this alignment has not been
determined and may result in a loss of or relocation of units depicted in the northeast corner of the
property). The proposed collector would begin as an "urban boulevard," in the area, proceed as a
"neighborhood street," then proceed east as a modified "edge drive." The other east-west roadway and
the internal north-south connector roadway will also be of this modified "edge drive" design. The
roadway that the City will construct along the eastern boundary of the site will be a "neighborhood
street" when both halves are completed.
The comprehensive plan requirement for a bike lane in collector roadways is addressed by amending the
comprehensive plan, as noted in the agreement. Other comprehensive plan policies that appear
inconsistent with the future development of the Town Center are being studied for amending.
The applicant requests that the $300 development agreement fee set forth in Resolution 2001 - 45 be
waived. Staff holds that this is primarily a development agreement, addresses the actual annexation in a
very minor way, and that its possible exemption has not previously been addressed by the City
Commission when the commission decided to waive annexation and associated land use and rezoning
fees.
Issues associated with this proposal that are not consistent with Code include, but are not necessarilly
limited to, the following: (1) Sec. 9 - 151 prohibits the City from paying for new streets on undeveloped
property; (2) Sec. 9-154 prohibits half streets from being platted, except to complete an existing half
street; (3) the City Commission must waive not providing the SR 434 frontage road across the front of
the site (provided across a portion of the front, to connect the Miranda site to the light at Doran Drive);
(4) Sec. 20 - 325 requirements for roadway types and layout (e.g. "Squares, Parks, and Streets Map,"
"Town Center street," "edge drive," and "frontage road"); (5) Sec. 20 - 417 requires a 6' masonry wall
around the perimeter ofthe Town Center (between this development and Tuskawilla Trails); and (6) the
agreement may provide for one building (consisting of what will eventually become 4 or more town
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September 20, 2004
City Commission Regular Item 508
Page 3 of3
home units) to be constructed to initially be a model center. Any inconsistencies not addressed in the
agreement must meet code or require modification of the agreement. There are no waivers to
comprehensive plan requirements.
FINDINGS:
The Annexation and Pre-development agreement is authorized pursuant to the Municipal Home Rule
Powers Act, as provided in s 2(b), Article vrn of the Florida Constitution and Chapter 166, Section
166.021, Florida Statutes.
The Annexation and Pre-development agreement is consistent with the City's Comprehensive Plan and
Code of Ordinances.
RECOMMENDATION:
Staff recommends that the City Commission consider and approve the attached Annexation and Pre-
development agreement.
ATTACHMENTS:
A Dover Kohl Memos & Diagram
B Annexation and Pre-Development Agreement
COMMISSION ACTION:
3
j Aug-31-04 11:42A Dc ATTACHMENT A 666 0360
P.Ol
DOVER, KOHL &: PARTNE~
lown plolllning
Memorandum
To: Ron McLemore
City of Winter Springs
Cc: Victor Dover
from: James Dougherty
Date: 30 Aug, 2004
Suhje<<.:t; Comments regarding Canin A~so<<.:iates' 11 August 2004 plan
Comments:
Vktor Dover had discussed with the applicant, during their recent meeting in Winter Springs,
the idea of using edge drives within their project in various location!), (Amy Groves in Ollr
oft ice, who was covering for Victor and myself while we werc out of town travclling, was
not privy to these discussions. ller 23 August 2004 memo tiiled 'Comments regarding the
Highlander Concept Plan' therefore did not reflect this latest conversation).
We feel that the plan as drawn in the 11 August 2004 version shows workablc strect designs.
The Edge Drive street section could be used in limited areas of double-loaded fTontage,
provided it is modified as ~hown on th attached sheet. The ROW should be expanded from
40 n to 52 ft, making room for sidewalks and planting strips on both sides of the street.
A quc~tion about llse of the resulting section, with on-street parking on only one side, is
whether it providcfl enough parking to satisfy the project's needs. The applicant's plan
contains only townhouses, which accommodate the majority of the parking for each unit on
the unit's own lot. On-street parking would be used primarily to provide gllcst parking
spaces. In this plan there are a relatively small number of linear feet of double-loaded strcet
with parking only on one side. We feel that the use ofstrcets with parking on only one side,
as drawn, would provide a workablc quantity of parking, given the project'!) location within
the Town Center.
Aug-31-Q4 11:43A Dover. Kohl & Partners
305 666 0360
P.02
Below is Ih~ Edge Drive street section modified to accommodate sidewalk!) and green slrips
on both sides, making double-loading with buildings possible:
Ruild-to Line ",
Build-Ill Line
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52' ROW,
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Aug-31-94 11:43A Dover. Kohl & Partners
305 666 0360
P.03
DOVER? KOHL & PAR1NER5
tOWI} planning
Memorandum
To: Ron McLemore
City of Winter Springs
Cc: Victor Dover
From: James Dougherty
Date: 30 Aug, 2004
Subject: exempting the Town Center from Comprehensive Plan bikc lane requirements
We recommend that the Town Center District be cxcmpted fTom The Winter Springs
Compwhensive Plan's requirement that bike lane~ be provided on collector roads.
Streets within the town center are configured for slow design speeds, up to 25 or 30 mph. On
slow-moving, traffic-calmed streets such as these, it i~ our experience that bicycle traffic is
best accommodated within the drive lanes and not in separately striped bike Janes.
The addition of a separately striped bike lane would. eause the streets to be wider curb-to-
curb, thereby raising the design speed of the streets, resulting in a less safe bicycle and
pedestrian environment.
Striped bike lanes are also problematic on streets with on-street parallel parking, like those in
the Town Center, because they force cyclists to drive immediately next to the parked cars,
greatly increasing the possibility of conmct with opening car doors.
ATTACHMENT B
Annexation & Pre-Development
Agreement
Will be provided by City Attorney
This is part of Regular Item 508
Attachment B
Annexation & Pre-Development
Agreement
\
\
THIS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
Anthony Gargancsc
City Attomey of Winter Springs
Brown Garganese, Weiss & D'Agresta, P.A.
225 E. Robinson St., Suite 660
Orlando, FL 32801
(407) 425M9566
Draft 09/16/2004
.'OR HJl..corWING DEPARTMENT lJs~ ONLY
PRE-ANNEXATION DEVELOPER'S AGREEMENT
TIDS PRE-ANNEXATION DEVELOPER'S AGREEMENT (the "Agreement") is
made and executed this day of u , 2004, by and between the CITY OF
WINTER SPRINGS, a Florida municipal corporation (the "City"), whose address is 1126 East
S.R 434, Winter Springs, Florida 32708, and HIGHLANDER INVESTMENTS, LID., a
:Florida limited partnership ("Highlander"), whose address is 6966 Venture Circle, Orlando,
Florida 32807,
WIT N E SSE T H:
WHEREAS, Highlander is the fee simple owner of certain real property currently
located in unincorporated Seminole County, Florida and more particularly described in Exhibit
tI An attached hereto and incorporated herein by this reference (the "Property"); and
WHEREAS, the City intends to annex the Property pursuant to the procedures
established under Section 171.0413. Florida Statutes Qr if the City deems necess~ the City
will pursue annexation under S_ection 171.044. Florida Statlltes~ and
WHEREAS, Highlander consents to the proposed annexation of the Property, provided
that Highlander is able to develop the Property as a single-family residential (townhouse)
community with in~ividual fee simDle owned units and a common area (the "Project") as
depicted in that certain Concept Plan. entitled ~ssup Reserve Winter Springs Town Center,
@J:~d August 23. 2004, and ~ ').linter SpFlFlgs To':m Cent~r 11 Acre Parool prepared by Canin
Associates under Job No. 204070. consisting of seven, (7) sheets including a concept plall. ~igJ
front elevations anc;Lc.olors for townhome buildings~floor plans for 2 an~ 3 stOry units, and a
prQposed elevation and floor plan for the pool building ootec:J...July 29, 2004 (collectiv~ly referred
to as the "Concept Plann), a copy of which is attached hereto as Exhibit "Btf and incorporated
herein by this reference, and inaccordancc with the tenns and conditions of this Agreement; and
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WIIEREAS, the City Commission has reoommcooed entefi.ag-iAto this ,\-greemeBt with
Highlander prior te IWIlexing the P~y" iAto the City in order to memofiali;ze the City's
agreemeBt to provide certain funds and. sef'lioos fa facilitate the deyclopment of-the Project; and
WHEREAS, the City and Highlander desire to set forth the following special terms and
conditions with respect to the proposed annexation of the Property and development of the
Project.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties mutually agree as follows:
I . Recitals. The foregoing recitals are true and correct and arc hereby incorporated
herein by this reference.
2. Authority. This Agreement is entered into pursuant to the Florida Municipal
Home Rule Powers Act.
3, Annexation, Highlander acknowledges and agrees that the City intends to annex
the Property in accordance with Section 171.0413, Florida Statutes. The City has agreed to enter
into this Agreement as an inducement to Highlander to grant its consent to such annexation. In
the event that the City fails to complete the foregoing annexation, Highlander hereby agrees to
apply for and pursue a voluntary annexation of the Property into the City pursuant to Section
171.044, Florida Statutes, provided that the other tenns and conditions of this Agreement are
satisfied.
4. Oblieation~ ~,nd ~~mmitments. Tn consideration of the City and Highlander
entering into this Agreement, and as an inducement for Highlander to consent to the annexation
of the Property into the City, the City and Highlander hereby agree as follows:
(a) ApDr'Oval or Concept Plall. The City hereby acknowledges and agrees
that the Concept Plan is acceptable; provided, however, Highlander shall have the
obligation to further submit and obtain the City's approval of a final site subdivision plan
and final engineering plans, Highlander acknowledges and agrees that the r;oncept Plan
was not prepared with specific surveyed dim~n~iQ~and that during the final sUQdivi~M
and final engi"Q~.ring process such dimensions shall be survey~d. duly engineered~ and
provided to the City, Further, the ~levations and roof lines depicte9 in the Concept Plan
for the townhome buildings will have to ~~ adiusted to the City's satisfactiQn in order to
aC${QmmQ4ate a different number of units than what is shown in the Concept P1.~
Moreover, Highl~nder understands that the City will reQl-\ire that the color of the
townhome buildings be varied from building to building. As suc~ Highlander and the
City agree that the Concept Plan is intended to be conceptual in nature an~ subject to
rei/-sQDSlble adiustments at the final subdivision and tinal engineering phase in order tQ
bring the Proiect into comRliance with the City Code.
(b) Utilities. The City hereby acknowledges and agrees that it currently has
sufficient water and seWer treatment plant capacity available M to servi~_~ the Property
and shall provide such services to the Project as depicted in the Concept Plan.
Highla.!!.der acknowledges and agrees that off site im'prQvements may be necessw:x. ~
.Developer's Agrt(;mcnt
City ofWintC\" Springs and Highlander. LTD.
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Highlander's G9st., to provide water and s~wer service t9- the ~..QJ2.e(ty including. but not
limited to. force main~ lift station and pump upgrades. Further. all w~t~r '}'Q9.J..ewer
improvements required on-site to service the Property shan be at Highlander's expen~e...
(c) Construetioft of Roadwa-y Improvements by Highlander. Roadways:.
Collector Road 1ft order to fuoiHtate tRe safe. efficient and orderly flow oftraffie through
tile l.viRtef Springs ToWfl Center, the proposed southwesterly ex-te~
Boule'.rard aefOSS S.R. ~34 shall serve as t.he primary cntfllflee to the Proj~f
acknowledges aAd agrees that the Gity desires to ha','e a colleGtor road connect with
Doran 90ulevard, to run southeasterly either west of and adjacent to the Projeet or within
fhe-westerly pOftiOD of the Projeet (as depioted in the Coneept PlOD), aOO....OOMHltHAg
30uthcasterly beyond the boundaries of the Project to 80 intersection wit.ft.4\tsoowi.l-la
Road (the "CoJleetor Road") (the DOfQl1 QOI;l)evard eK'tension and the Coll~or R-Qad are
hereinafter together referred tG-ftS the-u"R-oa~I-mpr-a-vements"), Highlander will
construct, Of fooilitate the eOflstruttiofl of. those portioas of the R<Jad'.vay Improvements
to be loeated ......ithiH the Property; provided, however, the City shall be responsible to pay
aU af tn(}-OOsts anfl eX13enses of the design, permittiag and eORStruction of the Roadway
Impr-ovemeBts, iooluding 80Y additional required offsite improvements. Unless otherwise
provided in this paragraph. all roadways shall be designed and com:tlJ.1cted oursuant to the
Town Center District Code. Tn order to facilitate the safe. effic.ient and orderly flow of
traffic throughout th~ Winter Springs Town Center. the City desires to have a collector
road runotlJ.8-tl1tQ!J,gh th~ Property which connects with Doran Drive located across S,R,
434 and eventually connecting too~and (Unni,ng thro.ugh~the ad~t property t.2...th~ ~W
(Ondick Property) to Tuskawilla Road ("Colle.ct2LBQ.1}.O-The CQn~ctor RQad shall
serv~ ~$ the primary entrance to the Proiect from S.R. 434. The Collector Road shall be
~i.Bned. located' and constructed in accordance with the Concept Plan and shall consist
of three different design segment$. The S,R. 434 entrance shall consist of an Urban
Boulevard design and connect to a N~ighborhQod Street. The design requirements for the
TJrban Boulevard and Neighborhood Street are set forth in the Town Center District Code,
Th~ Neighborhood Street shall connect to a modified Edge Drive design which is
attached hereto as Exhibit "e" and inCQrporated herein by this reference, The City
agrees.Jo prom~tlx ~m~nd the Town Center Transportation Master Plan to incoIl>orate the
Collector Road into said Plan, Furth~r the parties acknowledge 11}al the City is currently
if) the process of amending its Comprehensive Plan (Trans.portatiQn El~m~t p~
1.5.14) to eliminate the bike lane requirement for collector roads within the Town Center
and that upon final approval of the amendment. the bike lane will not be required for the
Collector Road. Sl,Jbi~ tQ..filMI Cit~ ap!!rQval. Highlander agrees to design, permit. and
construct that portion of the Collector RQad IQcated..o.n their Property: provided. however.
the City shall reimburse Highlander for the reasonable costs thereof For purposes of this
Agreement, (i) the design costs fur the Roadv.'ay Impro./ements shall includ~
limitation, the costs and expenses of land surveying, civil engineering, landscape
architecture, irrigation design, ~ electrical engineering and lighting design.
and (ii) the construction costs for the R-08&Way lmpoo'lemeots shall include, without
limitatioo. the costs and expenses for clearing. grubbing and earth excavation, and for the
construction of all storm drainage facilities, \:Jtilities, ProBress Energy ~pproved
9~XQrative street lights, landscaping, hardscape, irrigation, sidewalks, curbs, pavement,
striping. signage and any required additional off site improvements related to the
IkveJOpcf's A8reemcnt
City of Wimer Springs and Highlander, LTD.
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Collector Road (all of the foregoing costs and expenses are hereinafter collectively
referred to as the "Roadway Expenses"). To the extent any of the RoadwllY EXRen~~
ill.~.Q benefit other aspects of the Project not__~l~-1e~ to the C;ollector Road (e.g.,
stormwater improvements for th~ buildings and common areas), the City shall only be
responsible for rriQtbu($ing the proportionate share of the particular expense related to
~h~ 5;Ql1ector Road. The City shall, at its option, either-fa-) reimburse Highlander in the
amount of the Roadway Expenses within thin)" (30) ninety (90) days after the Collector
Road has Roadway-lmpro-vemems haOle been completed and accepted by the City.~
provide impool-fee--efcdits to Highlander in the amOUR! of the Roadway Bxpeases-&t-fRe
~h impact fees are normally due and payable:- At the City's optio~ the City may
pr9vide transportation impact fee credit~ t9 Highlander to be applied to the Roadway
Expenses owed by the Cit~ In the event the City elects to provide such credits. the
payment of thllmn!lportation impact fee credits bv Hif{hlander shall be r!tc..Q!1~~
~ime the Collector Road is accepted by the City. If th~ Roadway Expenses exceed the
amount of the transportation impact fee credit, the City shall reimburse Highlander, by:
check. the ~Q)Qunt of the Roadway Expense in excess of ~!S1!1~.R.Q..rt~tiQn impact fee
~r~dit. On the other hand, if the Ro~Expenses are less than the amount of the
transportation impact fee credit. Highlander shall pay the City. bv check, the amounLQf
the transportation impact fe~ in excess of the Roadway Expenses,
Highlander ~ees that all Roadway Expenses shall b_CL~u];>j~ to an informal
competitive bid prQc~~s under which Highlander shall ob.tah..u1)re~ (3) written quotes or
bid~, Each bid shall be submitted !Q the City for review and approval prior to HighJan"'~r
entering into any contract for the design.. permitting and construction of the c.Qn~~or
Road. Highlilnder further agrees that at the time reimbursement for any Roadway.
Exoense is r~quested. Highlander shall provid~ the City with a copy of all applicable
invoices, receipts.. wmanties, maintenance bonds, and dOC\1}]lentation.. includin~ all
change orders, which s.h~ll clearly evidence each reimbursable RQadwax Ex~nse. The
Cit)' shall n9t be responsible for reimbw::siml any RQadway Expense which can not be
propedy ~nd reasonably documented in writing. The City shall not unreasonably
withhold any aoprovals requir~ under this paragraph.
Highland~<!8f~s to convey to the City that portion of the Collector Roa.~ IQcated
Qn th~ Property and all other roadwa,y..s (excbL,;U!l.8 allf;:~ays) depicted on the Concept
Plan. along with all relat~q imurpvements thereon and thereunder. All such land
conveyances shall he by a recorded plat and free and clear of all encymbran~.<<..
CQnvey@((~ Qf improvements shall be by bill of sale and free and c.~JJI li~n~, Th~
plat and bill of sale shall be in a form acceptable to the City Attorney.
~y shall vooate BBd eon"ley to Highlander the existiAg right af ......ay looated
west orand adjacent to tbe Property, pr~~OOtmg6 ther-efar, Highlander shall
provide internal ingress (lAd egr-e>> f~e Property to the adjooent property looated
immediately Borth via the "Fmfttage Road" 85 depieted OR the COAcept Plan.
(d) Constmction of Nei2bborhood Street on Eastern Boundary RaaEl~'J8Y
~ro';eftlents by City, At suGh time as the Property ~fed; ~ef shalt dedieate
and eea';ey to the City thirty (30-) feet af-flght ef way aJeft! the S6utAell3tem. bmlftdary of
Developer's AgreemCltt
City of Wjnter Springs and Highlander, L TO.
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the Property to al~.city to design aHa oonstruet if) the future, at the City'~
aml-e-x-pense, 8 ae\-\' fOOOway ift such 10catjoA t~tHar- to and OOftflcet with
S.R. 434, The parties acknowledge that the CQ..n.c~t Plan requires that a Neighborhood
Street be constructed along th~ eastern bOl!ndary of the Property running perpendicular
with S.R.434. Said Neighborhood Street shall be designed and aligned as a full}'.
functional intersection with Cliff Rose Driv~_~~ across S,R. 434 However,
Highlander only owns half of th~ propert.x that is required to fully construct said street.
As such. unJ.e.s.Ladditional lands are made available to constru~<Lfu.I.LW!!th of th~
~ pri9r to platting.. Highlander shall plat onJ): hl}lf Qf the Neighborhood Street with
.he understanding that the Cit}'. desires that the other half of the street be provided bv the
adjacent property owne.r (Qndick) in the future. Highlander agrees to convey the half
portion of th~ NejghQ9rhood Street to the City by recorded p,lat Sill,d ~QQv~Xan~~ shall
b.e in the same manner as the Collector Road. JJ~9n convey~nce, the City will design.
permit. and construct the Neighborhood Street at such time the City acquires the fuJl
amount of land th~t i~ required to construct the full width of the street. NotwitJ:ll;~'01!in&
the City, at its option, may construct the half -P-Qrtion pf said street located on the
Prooertv, orovided the City can SlJ.~ce~sfulty acquire a temporary construction easement
from the adiacent Pt:9~ owner. If the construction easement can not be obtain~9.~
City shall S<.Qnstruct a sidewalk on the half portion of s.t!:.~ fQr th~ ben~fit of the
townhome units that will be fronting said street. Because the oarties acknowledge and
agree that the final construction Qf this Neighborhood Street will require future land
acauisition bv the Cit~~nd phased construction. the timing of which is uncer:tai1!..!J.t~ ~itx
Commission hereby waives the provisions of SectiQV 9-152 ~nd 9-154 prohibiting Y2
platted streets and requiring cul...de-~cs at dead ends,
(e) Construction ~r Stormwater DefendeD Improvements. Highlander shall
design the 'Project to accommodate the stoonwater det:entien requirements for the
Property. in~lu4ing the roadway improvements to be located adjacent to and/or within the
Project, The City shall permit Highlj}M~ to use any existing City be responsible to
prO'/itie suffi(jieat IJroperty. rights-or-way and/or easements to accommodate stormwater
detention generate9 from the Property, orovided said use is deemed aCQ~tl!l2.1e ~
fe~ible by the City. Highlander shall provide any a.~9jtiQnal pro'p~ that is necessary to
accommodate stonnwater generated from the Property. At the City's request. Highlander
~ t9 ~~ign.. permit and construct oversized stonnwater facilities to service adiacent
properties and the extension of the Collector Roa9 frQm the Pronerty to T~~kawill~ RQ~d_
The City shall reimbUQe Highlanqer for the ful1 cost of oversizing said facilities in
accordance with th~ procedures set forth in paragraph 3(c) herein. for the pOrtiORS of the
Readway lmprO\ICmeftts loeated outside of the Property. 1ft adtiitioft, the City shall
provide sufficient property. rights of Vt<ay Of easemetlt-s-t-e-rotl~nagtH)tl~
Property aRd from the City's stermwatef-detoot:ten faeilities to--the '.vethwb Mea Iooftted
aHhe--we~d efNatures Vlay.
(f) Installation of Eleetrital Utility Unes bv Ril!:hrandcr. Highlander
hereby acknowledges and agrees that all overhe~s! utilities alQng the frQntage Qf the
Proiect the alai" eleotneal !iRes itlteRde<t te sefVe the Projeot shall be installed
underground along the boundary of the Property with S.R. 434. By recorded plat.
Higbla~ $1>>11 cQnvey to the City a utilities easement, fifteen (15) feet in width. along
Developer's Agreement
City of Winter Springs and Highlander, L TO.
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the entire northern ooundary of the Property adiacent to S.R. 434 in a form acceptable to
th~ CitX AttQm~
(g) ~~s.~men~ f~r Traffic &il!l~. Witf.1in thirty (30) days of the effective date
of this Agreementl At such time as the Property is platt-ed, Highlander shall grant and
convey to the City two ) OIX 1 0' easement areas, in a form and in locations mutually
acceptable to Highlander and the City.. within the Property at the intersection of Doran
Drive Boulevard and S.R 434, to facilitate the City's installation, maintenance and repair
of traffic signal facilities at the City's sole cost and expense. Highlander ackn()wleQ~
that the design. permitting and installation of the traffic signal is expected to take the City
at least nine (9) months to complete,
(h) T~~n T~enttr Coste Waivers. Based on the Concept Plan and
Highlander's agreement to the tenns and conditions set fQrth in this Agreement. the City
Commission hereby grants the following waivers to the Town Center DistricJ ~~
pursuant to the spe~ial ~x~tiQn critc;:ri~ enJJm_~,!:ill~ in Section 20-321 (c);
(1) The 9!.lff~ wall requirem~nt aJ.2ngJ~outhern perimeter boundary as
required bv Section 20-417.
(2) The frontage road required by Section 20-325(c)(8\ ~xce.pt as shown on the
Concept Plan.
(3) The Edge Drive requirements set forth in Section 20-325(c)(1 n and th~
Sq;uares. parks, and streets map in S~tiQn 20-325(c). provided the Collector Road and
9ther streets are designed, permitted, and constructed in ~c~Qrd~ce with the ConceDt
Plan, In addition. the Collector Road shall comply with the modified Edge Drive ~iQn
plaD attached hereto as E:xh~bit "c" and a total of a minimum of one hundred and three
(1 03) Qn-stre~ gu~~ 12a.t:kin,g spa(f~s a{e provi~~JQr the Proiect on the Property.
0) Trash/Refuse Pi(;k.up. No ttash dumpster shall be lQcated on the
Property. Trash and refuse service to the townhome units ang. common areas will be
provided for each indiyjdual townhouse unit or area by individual containers and-R.i...~
shall be required in the alleys depicted Qn the ~Qncept Plan.
(j) . Wall Reauirement. In accordance with Sectioo 20-417, Winter Sorings
City Code. Highlander shall construct an opa@e wall of six (6) feet in height along the
full length ofthe wel>1em pro,perty line excluding the frontage road. Y~etative screening
shall also be prQvided along the w~tem property line excluding the ftonta~ r~a..d...
(k) ~andatory. Homt9wner's Association Re~uired. Hjghlande( snail form
a mandatory homeowners association (the "Ho.meowners' Association") for pUf.l1QS~.2f
maintaining any and all common areas, land~ping~ entrance signs. walls. fence~,
recreatiQnal areas. and storm water facilities associated with the Pr~ct, A seoarate
Declaration of Cov~nantt CQndiJions and Restrictions (the "Declaratiop") will be
executed and recorded among the ~Qli9 Records of Seminole County, Florida -.JQ
evidence the fonnation of the HomeownersJ AssociatiQn swd establish its rights. duties
and oblig{l.tions~ The Declarations shall be in a form acceptable t9 the Cil~ Attorney and
Developer's Agreement
City or Winlet Springs and Highlander, L TO.
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shall require the Homeownets' As.s.~ation. and the members thereof. to be bound by the
t~nllu.nds.Q.n..di1iQn~ of this Agre~ment.
(1) Construction and Use Of Model Homes, Prior to the recording of the
tinal plat, the City agrees to permit Highlander to construct model townhQu~ )JQits...under
the following conditions:
(1) The model townholJ~e units shalL~..Lcontained in a single building and
shall not exceed five (5)jn.@vid!,!j}1 yn.itt.
(2) The model townhouses shall remain under Highlander's Qwnership and
control until such tim~ ~s th~ final plat is r$;lcorde~ b)! ~he GitX an9JLfin.~.!s_ectificate of
occupancv for each unit is issued under the conditions set forth be16w. In other words~
Highlander shall not contract for sale. sell. or lease any of the individual model
tQwnhQ~~~ unit~ un~il such time as the City approves and records the final plat for the
Prpj~S1 at).d issues a final certificate of occupancy for each unit.
(3) The model townhouse units shall be located along the Urban Boulevard
deoicted on the Concept Plan.
(4) Prior to construction. the model townhouses shall be.AP.ly permitted by the
City in accordance with all City Codes. As part of the building permit application.
EIighlander shall submit;. along with all construction plans for the townhouse units. a duly
~roifi~ boundary survey which shall depict the location and legal description of the
model townhouse site ~nd ~ach individual model townhouse lot. Highlander
acknowledges an~ \)gre~s that this legal description is intended to coincide with the
eventual location of the townhouse lots as depictec1.an.QJ~allx. ~~s~iJ>oo Qn th~ fin~l J2.1l!t.
Highlander assumes full and complete responsibility mJiability in the event 1hat said
legal descriptions do nQt C;9nform to the lot lines required by the City in final plat.
(5) At such tim~ the Byilging Qfficial c9mple!~s an~ apRrQv~s LfiM!
inspeqiQn Qf th~ model townhouse units~ the City will issue a temporary certificate of
occupancy. Said temporary certificate of occupancy shall be issued for the model
townhouse building as a. whole. nQt by individual units. ~cupancy of !he townhOuse
units shall b~ limited to the sale and marketing efforts for the Project In a4<!iliQ!1
Highlander shall have the right to utilize one garage in the model townhouse building as a
temporary sales office.
(6).. .At the reQJ.lest of High1ilDder or at such time the Proiect development is
completed. whichever occurs sooner. the mode.l townhouse units shall be convened into
permanent residential units and the City shall issue individual certificates of occQRanc..)!
for each model townhouse unit provided. however. the final plat is approved and
res&r~~ bX th~ Cit)( and the Building Qfficial deterrnine~ that th~ ~nits are suitable for
permanent residential occupancy and in compliance with the Gity Code.
(m) Rif!ht-of..wav alOOf! Southern Border of Property. The partie~
acknowledge and agree that an unimproved right-of-way owned by the Git,x is IQcat~d.
along the southern perimeter of the Pro'Oerty and abuts the adiacent Tuskawilla Trails
Developer's Agreement
City o(Wintcr Springs and Highlnndcr. L ro.
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manufactured hOUle park. The City agr~s that Highlander shall have the nonexclusive
use of the right~f-way for purposes of constructing an allev and vegetative screening as
~~ Qn th~ Concept Plan and approved by the City. The vegetative screening shall
be installed and maintained along. the entire sQuthcm bounQJl!Y of th~ right-Qf-wSlY-f.9.!
purposes of screeningJh~ PrQject frQm Tuskawilla Trails. In consideration of receiving
!J1~onE(x:clusive benefit of using this right-of.way to enhance the Proiect. Highlander
agrees, at its cost. to maintain at all time sai..~Lr.ight-Qf.\Ya.x...a!l.\l.aJI Proiect il!!1lrovem~nt~
thereon. in a good amt~sonable condition.
Cn) Recreational Area. Highlander shall be reauired to provide and
maintain a recreM!Qnal area within the Project in accordance with the Concept Plan and
final engineering plans approved by the City.
#
(0) Guest Parkinl Spaces. Highlander shall construct a minimum Of
one hundred and three (103) on-street guest parking spaces within the Proiect.
(p) Development Permit Fees. Hi~hlander agrees to pay all ordinary and
customary developmelJ!pJ!(lJJit fees imposed by the City including. but not limited to.
apRlication. building. and impact fees. The Ci~~ hQwever. th~t th~ ann~x:ation.
town center future land use map comprehensive plan amendme.Qt. 3J!.Lt.Qw~nter
rezoning application fees an~ h~eby waived. Such fees are waived in consideration of
Highlander's agreement lQ full):. cooperate with the City's efforts to administratively
proces~ ~uch applications in furtherance of the Town Gem:~r ~QIi~ies cQntained in th~
Qity's ~omprehensive Plan.
5. ReDresentati()n~ of the Parties. The City and Highlander hereby each represent
and warrant to the other that it has the power and authority to execute, deliver and perform the
terms and provisions of this Agreement and has taken all necessary action to authorize the
execution, delivery and performance of this Agreement. This Agreement will, when duly
executed and delivered by the City and Highlander and recorded in the Public Records of
Seminole County, Florida, constitute a legal, valid and binding obligation enforceable against the
parties hereto and the Property in accordance with the tenns and conditions of this Agreement.
Highlander represents that it has voluntarily and willfully executed this Agreement for purposes
of binding the Property and the Homeowners' Association. and the members thereof. to the terms
and conditions set forth in this Agreement.
6. Successors and Assi.!.dJ. This Agreement shall automatically be binding upon
and shall inure to the benefit of the City and Highlander and their respective successors and
assigns iD~]J!din& but not limited to. the Homeowners' Association and the members thereof.
The terms and conditions of this Agreement similarly shall be binding upon the Property and
shall run with title to the same.
7. ADDlicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida.
Developer's Agn;cment
City of Winter Springs and Highlander, LTD.
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8. Amendments. This Agreement shall not be modified or amended except by
written agreement duly executed by both parties hereto (or their successors or assigns) and
approved by the City Commission.
9. Entire Aereement. This Agreement supersedes any other agreement. oral or
written, and contains the entire agreement between the City and Highlander as to the subject
matter hereof
10. ~everability. If any provision of this Agreement shall beheld to be invalid or
unenforceable to any extent by a court of competent jurisdiction. the same shall not affect in any
respect the validity or enforceability ofthe remainder of this Agreement.
11. :Efrective Date. This Agreement shall become effective up'on approval by the
City Commission and execution of this Agreement by both parties hereto.
J 2. Rttordatioq. This Agreement shall be recorded in the Public Records of
Seminole County. Florida.
13. Relationshio of the Parties. The relationship of the parties to this Agreement is
contractual and Highlander is an independent contractor and not an agent of the City. Nothing
herein shall be deemed to create a joint venture or principal-agent relationship between the
parties, and neither party is authorized to, nor shall either party act toward third persons or the
public in any manner, which would indicate any such relationship with the other.
14. SOVereif!R Immunhy. Nothing contained in this Agreement shall be construed as
a waiver of the City's right to sovereign immunity under Section 768.28, };lorida Statutes, or any
other limitation on the City'S potential liability under the state and federal law.
IS. Citv's Police Power. Highlander agrees and acknowledges that the City hereby
reserves all police powers granted to the City by law. In no way shall this Agreement be
construed as the City bargaining away or surrendering its police powers.
16. Interpretation. The parties hereby agree and acknowledge that they have both
participated equally in the drafting of this Agreement and no party shall be favored or disfavored
regarding the interpretation to this Agreement in the event of a dispute between the parties.
1.7. Third-P.artv Ri2hts. This Agreement is not a third-party beneficiary contract and
shall not in any way whatsoever create any rights on behalf of any third party.
18. SDecific Perfonnance. Strict compliance shall be required with each and every
provision of this Agreement. The parties agree that failure to perform the obligations provided
by this Agreement shall result in irreparable damage and that specific performance of these
obligations may be obtained by a suit in equity.
19. Attorney's Fees. In connection with any arbitration or litigation arising out of
this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and
costs through all appeals to the extent pennitted by law.
Developer's Agreement
City of Winter Springs alld Highlander, L TO.
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20. Development PenniQ\. Nothing herein shall limit the City's authority to grant or
deny any development permit applications or requests subsequent to the effective date of this
Agreement. The failure of this Agreement to address any particular City. County, State and/or
Federal permit, condition, term or restriction shall not relieve Highlander or the City of the
necessity of complying with the Jaw governing said permitting requirement, condition, term or
restriction. Without imposing any limitation on the City's police powers, the City reserves the
right to withhold. suspend. or terminate any and all certificates of occupancy for any building or
unit if Highlander is in breach_Q.t.!n): t~rm and ~n9itiQn of this ~~~nt.
[SIGNATURES FOLLOW ON NEXT PAGE]
DevelOper'S Agreement
City of Winter Springs and Highlander. L TO.
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This is part of Regular Agenda Item 508
Attachment B
Item received from applicant 9/16/04
TillS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
Anthony Garganese
City Attorney of Winter Springs
Brown Garganese, Weiss & D' Agresta, P.A.
225 E. Robinson St., Suite 660
Orlando, FL 3280 I
(407) 425-9566
FOR RECORDING DEPARTMENT USE ONLY
PRE-ANNEXATION DEVELOPER'S AGREEMENT
THIS PRE-ANNEXATION DEVELOPER'S AGREEMENT (the "Agreement") is
made and executed this day of , 2004, by and between the CITY OF
WINTER SPRINGS, a Florida municipal corporation (the "City"), whose address is 1126 East
S.R. 434, Winter Springs, Florida 32708, and HIGHLANDER INVESTMENTS, LTD., a
Florida limited partnership ("Highlander"), whose address is 6966 Venture Circle, Orlando,
Florida 32807.
WIT N E SSE T H:
WHEREAS, Highlander is the fee simple owner of certain real property currently
located in unincorporated Seminole County, Florida and more particularly described in Exhibit
"A" attached hereto and incorporated herein by this reference (the "Property"); and
WHEREAS, the City intends to annex the Property pursuant to the procedures
established under Section 171.0413, Florida Statutes or if the City deems necessary, the City
will pursue annexation under Section 171.044, Florida Statutes; and
WHEREAS, Highlander consents to the proposed annexation of the Property, provided
that Highlander is able to develop the Property as a single-family residential (townhouse)
community with individual fee simple owned units and a common area (the "Project") as
depicted in that certain Concept Plan, entitled Jessup Reserve Winter Springs Town Center,
dated August 23, 2004, and prepared by Canin Associates under Job No. 204070, consisting of
seven (7) sheets including a concept plan, typical front elevations and colors for townhome
buildings, floor plans for 2 and 3 story units, and a proposed elevation and floor plan for the pool
building (collectively referred to as the "Concept Plan"), a copy of which is attached hereto as
Exhibit "B" and incorporated herein by this reference, and in accordance with the terms and
conditions of this Agreement; and
Developer's Agreement
City of Winter Springs and Highlander, LTD.
Page 1 of 17
WHEREAS, the City and Highlander desire to set forth the following special terms and
conditions with respect to the proposed annexation of the Property and development of the
Project.
NOW, THEREFORE, in consideration ofthe mutual promises and covenants contained
herein, the parties mutually agree as follows:
1. Recitals. The foregoing recitals are true and correct and are hereby incorporated
herein by this reference.
2. Authority. This Agreement is entered into pursuant to the Florida Municipal
Home Rule Powers Act.
3. Annexation. Highlander acknowledges and agrees that the City intends to annex
the Property in accordance with Section 171.0413, Florida Statutes. The City has agreed to enter
into this Agreement as an inducement to Highlander to grant its consent to such annexation. In
the event that the City fails to complete the foregoing annexation, Highlander hereby agrees to
apply for and pursue a voluntary annexation of the Property into the City pursuant to Section
171.044, Florida Statutes, provided that the other terms and conditions of this Agreement are
satisfied.
4. Oblh?:ations and Commitments. In consideration of the City and Highlander
entering into this Agreement, and as an inducement for Highlander to consent to the annexation
of the Property into the City, the City and Highlander hereby agree as follows:
(a) Approval of Concept Plan. The City hereby acknowledges and agrees
that the Concept Plan is acceptable; provided, however, Highlander shall have the
obligation to further submit and obtain the City's approval of a final subdivision plan and
final engineering plans. Highlander acknowledges and agrees that the Concept Plan was
not prepared with specific surveyed dimensions and that during the final subdivision and
final engineering process such dimensions shall be surveyed, duly engineered, and
provided to the City. Further, the elevations and roof lines depicted in the Concept Plan
for the townhome buildings will have to be adjusted to the City's satisfaction in order, .to
accommodate a different number of units than what is shown in the Concept Plan.
Moreover, Highlander understands that the City will require that the color of the
townhome buildings be varied from building to building. As such, Highlander and the
City agree that the Concept Plan is intended to be conceptual in nature and subject to
reasonable adjustments at the final subdivision and final engineering phase in order to
bring the Project into compliance with the City Code.
(b) Utilities. The City hereby acknowledges and agrees that it currently has
sufficient water and sewer treatment plant capacity available to service the Property and
shall provide such services to the Project as depicted in the Concept Plan. Highlander
acknowledges and agrees that offsite improvements may be necessary, at Highlander's
cost, to provide water and sewer service to the Property including, but not limited to,
force main, lift station and pump upgrades. Further, all water and sewer improvements
required on-site to service the Property shall be at Highlander's expense.
Developer's Agreement
City of Winter Springs and Highlander, LTD.
Page 2 of 17
(c) Roadways; Collector Road Unless otherwise provided in this paragraph,
all roadways shall be designed and constructed pursuant to the Town Center District
Code. In order to facilitate the safe, efficient and orderly flow of traffic throughout the
Winter Springs Town Center, the City desires to have a collector road running through the
Property which connects with Doran Drive located across S.R. 434 and eventually
connecting too, and running through, the adjacent property to the east (Ondick Property)
to Tuskawilla Road ("Collector Road"). The Collector Road shall serve as the primary
entrance to the Project from S.R. 434. The Collector Road shall be designed, located and
constructed in accordance with the Concept Plan and shall consist of three different
design segments. The S.R. 434 entrance shall consist of an Urban Boulevard design and
connect to a Neighborhood Street. The design requirements for the Urban Boulevard and
Neighborhood Street are set forth in the Town Center District Code. The Neighborhood
Street shall connect to a modified Edge Drive design which is attached hereto as Exhibit
"C" and incorporated herein by this reference. The City agrees to promptly amend the
Town Center Transportation Master Plan to incorporate the Collector Road into said Plan.
Further, the parties acknowledge that the City is currently in the process of amending its
Comprehensive Plan (Transportation Element Policy 1.5.14) to eliminate the bike lane
requirement for collector roads within the Town Center and that upon final approval of
the amendment, the bike lane will not be required for the Collector Road. Subject to final
City approval, Highlander agrees to design, permit, and construct that portion of the
Collector Road located on their Property; provided, however, the City shall reimburse
Highlander for the reasonable costs thereof. For purposes of this Agreement, (i) the
design costs shall include the costs and expenses of land surveying, civil engineering,
landscape architecture, irrigation design, electrical engineering and lighting design, and
(ii) the construction costs shall include the costs and expenses for clearing, grubbing and
earth excavation, and for the construction of all storm drainage facilities, Progress Energy
approved decorative street lights, landscaping, hardscape, irrigation, sidewalks, curbs,
pavement, striping, signage and any required additional offsite improvements related to
the Collector Road (all of the foregoing costs and expenses are hereinafter collectively
referred to as the "Roadway Expenses"). To the extent any of the Roadway Expenses
also benefit other aspects of the Project not related to the Collector Road (e.g.,
stormwater improvements for the buildings and common areas), the City shall only be
responsible for reimbursing the proportionate share of the particular expense related to
the Collector Road. The City shall reimburse Highlander in the amount of the Roadway
Expenses within ninety (90) days after the Collector Road has been completed and
accepted by the City. At the City's option, the City may provide transportation impact fee
credits to Highlander to be applied to the Roadway Expenses owed by the City. In the
event the City elects to provide such credits, the payment of the transportation impact fee
credits by Highlander shall be reconciled at the time the Collector Road is accepted by
the City. If the Roadway Expenses exceed the amount of the transportation impact fee
credit, the City shall reimburse Highlander, by check, the amount of the Roadway
Expense in excess of the transportation impact fee credit. On the other hand, if the
Roadway Expenses are less than the amount of the transportation impact fee credit,
Highlander shall pay the City, by check, the amount of the transportation impact fee in
excess of the Roadway Expenses.
Developer's Agreement
City of Winter Springs and Highlander, LTD.
Page 3 of 17
Highlander agrees that all Roadway Expenses shall be subject to an infonnal.
competitive bid process under which Highlander shall obtain three (3) written quotes or
bids. Each quote or bid shall be submitted to the City for review and approval prior to
Highlander entering into any contract for the design, pennitting and construction of the
Collector Road. Highlander further agrees that at the time reimbursement for any
Roadway Expense is requested, Highlander shall provide the City with a copy of all
applicable invoices, receipts, warranties, maintenance bonds, and documentation,
including all change orders, which shall clearly evidence each reimbursable Roadway
Expense. The City shall not be responsible for reimbursing any Roadway Expense which
can not be properly. and reasonably documented in writing. The City shall not
unreasonably withhold any approvals required under this paragraph.
Highlander agrees to convey to the City that portion of the Collector Road located
on the Property and all other roadways (excluding alleyways) depicted on the Concept
Plan, along with all related improvements thereon and thereunder. All such land
conveyances shall be by a recorded plat and free and clear of all encumbrances.
Conveyance of improvements shall be by bill of sale and free and clear of all liens. The
plat and bill of sale shall be in a fonn acceptable to the City Attorney.
(d) Construction of Neit!hborhood Street on Eastern Boundary The
parties acknowledge that the Concept Plan requires that a Neighborhood Street be
constructed along the eastern boundary of the Property running perpendicular with S.R.
434. Said Neighborhood Street shall be designed and aligned as a fully functional
intersection with Cliff Rose Drive located across S.R. 434. However, Highlander only
owns half of the property that is required to fully construct said street. As such, unless
additional lands are made available to construct the full width of the street prior to
platting, Highlander shall plat only half of the Neighborhood Street with the
understanding that the City desires that the other half of the street be provided by the
adjacent property owner (Ondick) in the future. Highlander agrees to convey the half
portion of the Neighborhood Street to the City by recorded plat. Said conveyance shall
be in the same manner as the Collector Road. Upon conveyance, the City will design,
pennit, and construct the Neighborhood Street at such time the City acquires the full
amount of land that is. required to construct the full width of the street. Notwithstanding,
the City, at its option, may construct the half portion of said street located on the
Property, provided the City can successfully acquire a temporary construction easement
from the adjacent property owner. If the construction easement cannot be obtained, the
City shall construct a sidewalk on the half portion of street for the benefit of the
townhome units that will be fronting said street. Because the parties acknowledge and
agree that the final construction of this Neighborhood Street will require future land
acquisition by the City and phased construction, the timing of which is uncertain, the City
Commission hereby waives the provisions of Section 9-152 and 9-154 prohibiting 12
platted streets and requiring cul-de-sacs at dead ends.
(e) Construction of Stormwater Improvements. Highlander shall design the
Project to accommodate the stonnwater requirements for the Property, including the
roadway improvements to be located adjacent to and/or within the Project. The City shall
pennit Highlander to. use any existing City rights-of-way and/or easements to
Developer's Agreement
City of Winter Springs and Highlander, LTD.
Page 4 of 17
accommodate stormwater generated from the Property, provided said use is deemed
acceptable and feasible by the City. Highlander shall provide any additional property that
is necessary to accommodate stormwater generated from the Property. At the City's
request, Highlander agrees to design, permit and construct oversized stormwater facilities
to service adjacent properties and the extension of the Collector Road from the Property
to Tuskawilla Road. The City shall reimburse Highlander for the full cost of oversizing
said facilities in accordance with the procedures set forth in paragraph 3( c) herein.
(f) Installation of Utility Lines bv Hil!hlander. Highlander hereby
acknowledges and agrees that all overhead utilities along the frontage of the Project shall
be installed underground along the boundary of the Property with S.R. 434. By recorded
plat, Highlander shall convey to the City a utilities easement, fifteen (15) feet in width,
along the entire northern boundary of the Property adjacent to S.R. 434 in a form
acceptable to the City Attorney.
(g) Easement for Traffic Sil!nal. Within thirty (30) days of the effective date
of this Agreement, Highlander shall grant and convey to the City two 1 O'x 1 0' easement
areas, in a form and in locations mutually acceptable to Highlander and the City, within
the Property at the intersection of Doran Drive and S.R. 434, to facilitate the City's
installation, maintenance and repair of traffic signal facilities at the City's sole cost and
expense. Highlander acknowledges that the design, permitting and installation of the
traffic signal is expected to take the City at least nine (9) months to complete.
(h) Town Center Code Waivers. Based on the Concept Plan and
Highlander's agreement to the terms and conditions set forth in this Agreement, the City
Commission hereby grants the following waivers to the Town Center District Code
pursuant to the special exception criteria enumerated in Section 20-32I(c):
(1) The buffer wall requirement along the southern perimeter boundary as
required by Section 20-417.
(2) The frontage road required by Section 20-325( c )(8), except as shown on the
Conc~pt Plan.
(3) The Edge Drive requirements set forth in Section 20-325(c)(1I) and the
Squares, parks, and streets map in Section 20-325(c), provided the Collector Road and
other streets are designed, permitted, and constructed in accordance with the Concept
Plan. In addition, the Collector Road shall comply with the modified Edge Drive section
plan attached hereto as Exhibit "C" and a total of a minimum of one hundred and three
(103) on-street guest parking spaces are provided for the Project on the Property.
(i) TrashlRefuse Pick-up. No trash dumpster shall be located on the
Property. Trash and refuse service to the townhome units and common areas will be
provided for each individual townhouse unit or area by individual containers and pickup
shall be required in the alleys depicted on the Concept Plan.
(j) Wall ReQuirement. In accordance with Section 20-417, Winter Springs
City Code, Highlander shall construct an opaque wall of six (6) feet in height along the
Developer's Agreement
City of Winter Springs and Highlander, LTD.
Page 5 of 17
full length of the western property line excluding the frontage road. Vegetative screening
shall also be provided along the western property line excluding the frontage road.
(k) Mandatorv Homeowner's Association Required. Highlander shall form
a mandatory homeowners association (the "Homeowners' Association") for purposes of
maintaining any and all common areas, landscaping, entrance signs, walls, fences,
recreational areas, and stormwater facilities associated with the Project. A separate
Declaration of Covenants, Conditions and Restrictions (the "Declaration") will be
executed and recorded among the Public Records of Seminole County, Florida to
evidence the formation of the Homeowners' Association and establish its rights, duties
and obligations. The Declarations shall be in a form acceptable to the City Attorney and
shall require the Homeowners' Association, and the members thereof, to be bound by the
terms and conditions of this Agreement.
(1) Construction and Use of Model Homes. Prior to the recording of the
final plat, the City agrees to permit Highlander to construct model townhouse units under
the following conditions:
(1) The model townhouse units shall be contained in a single building and
shall not exceed five (5) individual units.
(2) The model townhouses shall remain under Highlander's ownership and
control until such time as the final plat is recorded by the City and a final certificate of
occupancy for each unit is issued under the conditions set forth below. In other words,
Highlander shall not contract for sale, sell, or lease any of the individual model
townhouse units until such time as the City approves and records the final plat for the
Project and issues a final certificate of occupancy for each unit.
(3) The model townhouse units shall be located along the Urban Boulevard
depicted on the Concept Plan.
(4) Prior to construction, the model townhouses shall be duly permitted by the
City in accordance with all City Codes. As part of the building permit application,
Highlander shall submit, along with all construction plans for the townhouse units, a duly
certified boundary survey which shall depict the location and legal description of the
model townhouse site and each individual model townhouse lot. Highlander
acknowledges and agrees that this legal description is intended to coincide with the
eventual location of the townhouse lots as depicted and legally described on the final plat.
Highlander assumes full and complete responsibility and liability in the event that said
legal descriptions do not conform to the lot lines required by the City in the final plat.
(5) At such time the Building Official completes and approves a final
inspection of the model townhouse units, the City will issue a temporary certificate of
occupancy. Said temporary certificate of occupancy shall be issued for the model
townhouse building as a whole, not by individual units. Occupancy of the townhouse
units shall be limited to the sale and marketing efforts for the Project. In addition,
Developer's Agreement
City of Winter Springs and Highlander, LTD.
Page 6 of 17
Highlander shall have the right to utilize one garage in the model townhouse building as a
temporary sales office.
(6) At the request of Highlander or at such time the Project development is
completed, whichever occurs sooner, the model townhouse units shall be converted into
permanent residential units and the City shall issue individual certificates of occupancy
for each model townhouse unit; provided, however, the final plat is approved and
recorded by the City and the Building Official determines that the units are suitable for
permanent residential occupancy and in compliance with the City Code.
(m) IDeht-of-wav alone Southern Border of Property. The parties
acknowledge and agree that an unimproved right-of-way owned by the City is located
along the southern perimeter of the Property and abuts the adjacent Tuskawilla Trails
manufactured home park. The City agrees that Highlander shall have the nonexclusive
use of the right-of-way for purposes of constructing an alley and vegetative screening as
depicted on the Concept Plan and approved by the City. The vegetative screening shall
be installed and maintained along the entire southern boundary of the right-of-way for
purposes of screening the Project from Tuskawilla Trails. In consideration of receiving
the nonexclusive benefit of using this right-of-way to enhance the Project, Highlander
agrees, at its cost, to maintain at all time said right-of-way, and all Project improvements
thereon, in a good and reasonable condition.
(n) Recreational Area. Highlander shall be required to provide and
maintain a recreational area within the Project in accordance with the Concept Plan and
final engineering plans approved by the City.
(0) Guest Parkine Spaces. Highlander shall construct a mInimUm of
one hundred and three (103) on-street guest parking spaces within the Project.
(P) Development Permit Fees. Highlander agrees to pay all ordinary and
customary development permit fees imposed by the City including, but not limited to,
application, building, and impact fees. The City agrees, however, that the annexation,
town center future land use map comprehensive plan amendment, and town center
rezoning application fees are hereby waived. Such fees are waived in consideration of
Highlander's agreement to fully cooperate with the City's efforts to administratively
process such applications in furtherance of the Town Center policies contained in the
City's Comprehensive Plan.
5. Representations of the Parties. The City and Highlander hereby each represent
and warrant to the other that it has the power and authority to execute, deliver and perform the
terms and provisions of this Agreement and has taken all necessary action to authorize the
execution, delivery and performance of this Agreement. This Agreement will, when duly
executed and delivered by the City and Highlander and recorded in the Public Records of
Seminole County, Florida, constitute a legal, valid and binding obligation enforceable against the
parties hereto and the Property in accordance with the terms and conditions of this Agreement.
Highlander represents that it has voluntarily and willfully executed this Agreement for purposes
Developer's Agreement
City of Winter Springs and Highlander, LTD.
Page 7 of 17
of binding the Property and the Homeowners' Association, and the members thereof,Jo the terms
and conditions set forth in this Agreement.
6. Successors and Assiens. This Agreement shall automatically be binding upon
and shall inure to the benefit of the City and Highlander and their respective successors and
assigns including, but not limited to, the Homeowners' Association and the members thereof.
The terms and conditions of this Agreement similarly shall be binding upon the Property and
shall run with title to the same.
7. Applicable Law. This Agreement shall be governed by and construed III
accordance with the laws of the State of Florida.
8. Amendments. This Agreement shall not be modified or amended except by
written agreement duly executed by both parties hereto (or their successors or assigns) and
approved by the City Commission.
9. Entire Aereement. This Agreement supersedes any other agreement, oral or
written, and contains the entire agreement between the City and Highlander as to the subject
matter hereof.
10. Severability. If any provision of this Agreement shall beheld to be invalid or
unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any
respect the validity or enforceability of the remainder of this Agreement.
11. Effective Date. This Agreement shall become effective upon approval by the
City Commission and execution ofthis Agreement by both parties hereto.
12. Recordation. This Agreement shall be recorded in the Public Records of
Seminole County, Florida.
13. Relationship of the Parties. The relationship of the parties to this Agreement is
contractual and Highlander is an independent contractor and not an agent of the City. Nothing
herein shall be deemed to create a joint venture or principal-agent relationship between the
.. . ... . parties, and neither party is authorized to, nor shall either party act toward third persons or the
public in any manner, which would indicate any such relationship with the other.
14. Sovereien Immunity. Nothing contained in this Agreement shall be construed as
a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or any
other limitation on the City's potential liability under the state and federal law.
15. City's Police Power. Highlander agrees and acknowledges that the City hereby
reserves all police powers granted to the City by law. In no way shall this Agreement be
construed as the City bargaining away or surrendering its police powers.
16. Interpretation. The parties hereby agree and acknowledge that they have both
participated equally in the drafting of this Agreement and no party shall be favored or disfavored
regarding the interpretation to this Agreement in the event of a dispute between the parties.
Developer's Agreement
City of Winter Springs and Highlander, LTD.
Page 8 of 17
17. Third-Party Riehts. This Agreement is not a third-party beneficiary contract and
shall not in any way whatsoever create any rights .on behalf of any third party.
18. Specific Performance. Strict compliance shall be required with each and every
provision of this Agreement. The parties agree that failure to perform the obligations provided
by this Agreement shall result in irreparable damage and that specific performance of these
obligations may be obtained by a suit in equity.
19. Attornev's Fees. In connection with any arbitration or litigation arising out of
this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and
costs through all appeals to the extent permitted by law.
20. Development Permits. Nothing herein shall limit the City's authority to grant or
deny any development permit applications or requests subsequent to the effective date of this
Agreement. The failure of this Agreement to address any particular City, County, State and/or
Federal permit, condition, term or restriction shall not relieve Highlander or the City of the
necessity of complying with the law governing said permitting requirement, condition, term or
restriction. Without imposing any limitation on the City's police powers, the City reserves the
right to withhold, suspend, or terminate any and all certificates of occupancy for any building or
unit if Highlander is in breach of any term and condition of this Agreement.
[SIGNATURES FOLLOW ON NEXT PAGE]
Developer's Agreement
City of Winter Springs and Highlander, LTD.
Page 9 of 17
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the
date first above written.
CITY OF WINTER SPRINGS
ATTE T:
enzo Luaces, City Clerk
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Winter
Springs, Florida, only.
CITY SEAL
Dated:
By:
Anthony Garganese, City Attorney for
the City of Winter Springs, Florida
Developer's Agreement
City of Winter Springs and Highlander, LTD.
Page 10 of 17
Signed, sealed and delivered in the
presence of the following witnesses:
HIGHLANDER INVESTMENTS, LTD., a
Florida limited partnership
Signature of Witness
By:
Printed Name:
Title:
Printed Name of Witness
Signature of Witness
Printed Name of Witness
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 2004, by , as
of HIGHLANDER INVESTMENTS, LTD., a Florida limited partnership, on behalf of said
partnership. He is personally known to me or produced as
identification.
(NOTARY SEAL)
(Notary Public Signature)
(Print Name)
Notary Public, State of
Commission No.:
My Commission Expires:
Developer's Agreement
City of Winter Springs and Highlander, LTD.
Page 11 of 17
EXHIBIT" A"
Legal Description
Parcel 36-20-30-502-0000-0020:
That part of the unplatted part of Block B of Mitchell's Survey of the Levy Grant described as
beginning at a point 1186 feet North 38045' West of the most Easterly Comer of that part of said
Block B lying South West of the Sanford-Oviedo Road and running North 38045' West 400 feet
along the Westerly line of the Sanford-Oviedo Highway; thence South 51015' West 351.1 Feet;
thence South 22015' East 417.6 feet; thence North 51015' East 470.78 feet to the Point of
Beginning, all in Block B of Mitchell's Survey of the Levy Grant, according to plat thereof as
recorded in Plat Book 1, Page 5, Public Records of Seminole County, Florida, Less and Except
the right of way for State Road 434, formerly Sanford-Oviedo Road.
TOGETHER WITH:
Parcel #36-20-30-502-0000-0040:
Beginning at the most Easterly comer of Block B, ofD.R. Mitchell's Survey of the Levy Grant,
recorded in Plat Book 1, Page 5, lying on the South and West side of the paved road from
Sanford to Oviedo; thence along the Southwesterly side of said paved road North 38 degrees 45
minutes West 986 feet for the point of beginning; thence North 38 degrees 45 minutes West 100
feet; thence South 51 degrees 15 minutes West 250 feet; thence South 38 degrees 45 minutes
East 100 feet; thence North 51 degrees 15 minutes East 250 feet to the Point of Beginning; Less
and except right-of-way for State Road 434.
TOGETHER WITH:
Parcel #36-20-30-502-0000-004B:
Beginning at the most Easterly corner of that part of Block "B" of the D. R. Mitchell Survey of
the Levy Grant, as recorded in Plat Book 1, Page 5, of the Public Records of Seminole County,
Florida, lying South and West of the paved road from Sanford to Oviedo; thence along the
Southwesterly side of the said paved road North 38 degrees 45 minutes West 1086 feet; thence
South 51 degrees 15 minutes West 235 feet for a point of beginning; thence North 38 degrees 45
minutes West 100 feet; thence South 51 degrees 15 minutes West 235.78 feet; thence South 22
degrees 15 minutes East 104.4 feet; thence North 51 degrees 15 minutes East 265.7 feet to the
point of beginning.
TOGETHER WITH:
Parcel #36-20-30-502-0000-004C:
Beginning at the most Easterly corner of that part of Block B of the D.R. MITCHELL SURVEY
OF THE LEVY GRANT as recorded in Plat Book 1, Page 5, Public Records of Seminole
County, Florida, lying South and West of paved road from Sanford to Oviedo, thence along the
Southwesterly side of said paved road North 38 degrees 45 minutes West 986 feet, thence South
51 degrees 15 minutes West 250 feet for a POINT OF BEGINNING, thence South 51 degrees 15
minutes West 100 feet, thence North 38 degrees 45 minutes West 100 feet, thence North 51
degrees 15 minutes East 100 feet, thence South 38 degrees 45 minutes East 100 feet to the
POINT OF BEGINNING.
AND
Beginning at the most Easterly corner of that part of Block B of the D.R. MITCHELL SURVEY
OF THE LEVY GRANT as recorded in Plat Book 1, Page 5, Public Records of Seminole
County, Florida, lying South and West of paved road from Sanford to Oviedo, thence along the
Southwesterly side of said paved road North 38 degrees 45 minutes West 986 feet, thence South
51 degrees 15 minutes West 350 feet for a POINT OF BEGINNING, thence North 38 degrees 45
minutes West 100 feet, thence South 51 degrees 15 minutes West 150.70 feet, thence South 22
degrees 05 minutes 34 seconds East 104.38 feet, thence North 51 degrees 15 minutes East 180.62
feet to the POINT OF BEGINNING.
TOGETHER WITH:
Parcel #36-20-30-502-00000-004A:
Beginning at the most Easterly corner of that part of Block B of the D. R. MITCHELL SURVEY
OF THE LEVY GRANT, as recorded in Plat Book 1, Page 5, of the Public Records of Seminole
County, Florida, lying South and West of the paved road from Sanford to Oviedo; thence along
the Southwesterly side of the said paved road North 38 degrees 45 minutes West 1086 feet to the
POINT OF BEGINNING; thence North 38 degrees 45 minutes West 100 feet; thence South 51
degrees 15 minutes West 235 feet; thence South 38 degrees 45 minutes East 100 feet; thence
North 51 degrees 15 minutes East 235 feet to the POINT OF BEGINNING, LESS AND
EXCEPT right-of-way for State Road 434.
TOGETHER WITH:
Parcel #36-20-30-502-0000-0050 and 36-20-30-502-0000-0060:
Commence at the most Easterly corner of that part of Block B of the D. R. Mitchell Survey of
the Levy Grant as recorded in Plat Book 1, Page 5, of the Public Records of Seminole County,
Florida, lying South and West of the paved road from Sanford to Oviedo; thence along the
Southwesterly side of said paved road North 38045'00" West, 786.00 feet to the POINT OF
BEGINNING; thence North 38045'00" West, 200.00 feet; thence South 51015'00" West, 530.12
feet; thence South 22008'19" East along the easterly line of a 30 foot wide unnamed right-of-way
per said D. R. Mitchell Survey of the Levy Grant, a distance of 208.71 feet; thence North
51015'00" East, 589.79 feet to the POINT OF BEGINNING; same lot being Lot 5 of survey of
Joe E. Johnston, C.E. Deed Book 147, Page 221. Less right of way for State Road 434 pursuant
to that certain Order of Taking recorded in Official Records Book 2831, Page 1024, of the Public
Records of Seminole County, Florida;
AND
Lot 6, Joe E. Johnston Survey, Block B ofD. R. Mitchell Survey of the Levy Grant, Plat Book 1,
Page 5, Public Records of Seminole County, Florida. That part of the unplatted part of Block B
of the D.R. Mitchell Survey of Levy Grant in Seminole County, BEGINNING at a point 586.00
feet North 38045'00" West of the most Easterly corner of said unplatted part of Block B, lying
South and West of the paved road leading from Sanford to Oviedo, thence North 38045'00"
West, 200.00 feet along Westerly line of the Sanford-Oviedo Highway; thence South 51015'00"
West, 589.79 feet; thence South 22008'19" East along the easterly line of a 30 foot wide
unnamed right-of-way per said D. R. Mitchell Survey of the Levy Grant, a distance of 208.71
feet; thence North 51015'00" East, 649.45 feet to the POINT OF BEGINNING, same being Lot 6
of a Survey made by Joe E. Johnston, C.E. LESS a parcel of land being described as: Beginning
at a point 686 feet North 38045' West of the most Easterly corner of unplatted part of Block B, of
D. R. Mitchell Survey of the Levy Grant, according to the plat as recorded in Plat Book 1, Page
5, Seminole County, Public Records, lying South and West of the paved road leading from
Sanford to Oviedo, thence North 38045' West 100 feet along Westerly line of the Sanford-
Oviedo Highway, thence South 51015' West 200 feet thence South 38045' East 100 feet, thence
North 51015' East 200 feet to the point of beginning, same being a part of Lot 6 of Survey made
by Joe E. Johnston, CEo LESS right-of-way for State Road 434 pursuant to that certain Order of
Taking recorded in Official Records Book 2831, Page 1024, of the Public Records of Seminole
. County, Florida.
TOGETHER WITH:
Parcel #36-20-30-502-0000-006A:
Beginning at a point 686 Feet North 38045' West of the most Easterly comer of unplatted part of
Block B ofD. R. Mitchell Survey of the Levy Grant, according to the plat thereof as recorded in
Plat Book 1, Page 5, of the Public Records of Seminole County, Florida, lying South and West of
the paved road leading from Sanford to Oviedo, thence North 38045' West 100 Feet along
Westerly line of the Sanford-Oviedo Highway, thence South 51015' West 200 Feet, thence South
38045' East 100 Feet, thence North 51015' East 200.00 Feet to the point of beginning, same
being part of Lot 6 of a survey made by Joe E. Johnston, C.E., less right of way for State Road
434 pursuant to that certain Order of Taking recorded in Official Records Book 2831, Page 1024
of the Public Records of Seminole County, Florida.
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CONCEPT PLAN
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EXHIBIT "C"
Modified Edge Drive Pla.n
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Date: 092004 (Rescheduled from 091304)
The following Agreement for Regular "508" has
been partially executed
~~
TillS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
Anthony Garganese
City Attorney of Winter Springs
Brown Garganese, Weiss & D' Agresta, P.A.
225 E. Robinson St., Suite 660
Orlando, FL 32801
(407) 425-9566
FOR RECORDING DEPARTMENT USE ONLY
PRE-ANNEXATION DEVELOPE:R'S AGREEMENT
THIS PRE-ANNEXATION DEVELOPER'S AGREEMENT (the "Agreement") is
made and executed this day of . ' 2004, by and between the CITY OF
WINTER SPRINGS, a Florida municipal corporation (the "City"), whose address is 1126 East
S.R. 434, Winter Springs, Florida 32708, and HIGHLANDER INVESTMENTS, LTD., a
Florida limited partnership ("Highlander"), whose address is 6966 Venture Circle, Orlando,
Florida 32807.
WIT N E SSE T H:
WHEREAS, Highlander is the fee simple owner of certain real property currently
located in unincorporated Seminole County, Florida and more particularly described in Exhibit
"A" attached hereto and incorporated herein by this reference (the "Property"); and
WHEREAS, the City intends to annex the Property pursuant to the procedures
established under Section 171.0413, Florida Statutes or if the City deems necessary, the City
will pursue annexation under Section 171.044, Florida Statutes; and
WHEREAS, Highlander consents to the proposed annexation of the Property, provided
that Highlander is able to develop the Property as a single-family residential (townhouse)
community with individual fee simple owned units and a common area (the "Project") as
depicted in that certain Concept Plan, entitled Jessup Reserve Winter Springs Town Center,
dated August 23, 2004, and prepared by Canin Associates under Job No. 204070, consisting of
seven (7) sheets including a concept plan, typical front elevations and colors for townhome
buildings, floor plans for 2 and 3 story units, and a proposed elevation and floor plan for the pool
building (collectively referred to as the "Concept Plan"), a copy of which is attached hereto as
Exhibit "B" and incorporated herein by this reference, and in accordance with the terms and
conditions of this Agreement; and
Developer's Agreement
City of Winter Springs and HigWander, LTD.
Page 1 of 17
WHEREAS, the City and Highlander desire to set forth the following special terms and
conditions with respect to the proposed annexation of the Property and development of the
Project.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties mutually agree as follows:
1. Recitals. The foregoing recitals are true ~md correct and are hereby incorporated
herein by this reference.
2. Authority. This Agreement is entered into pursuant to the Florida Municipal
Home Rule Powers Act.
3. Annexation. Highlander acknowledges :and agrees that the City intends to annex
the Property in accordance with Section 171.0413, Florida Statutes. The Ci ty has agreed to enter
into this Agreement as an inducement to Highlander to grant its consent to such annexation. In
the event that the City fails to complete the foregoing annexation, Highlander hereby agrees to
apply for and pursue a voluntary annexation of the Property into the City pursuant to Section
171.044, Florida Statutes, provided that the other tenns and conditions of this Agreement are
satisfied.
4. Obli2:ations and Commitments. In consideration of the City and Highlander
entering into this Agreement, and as an inducement for Highlander to consent to the annexation
of the Property into the City, the City and Highlander hereby agree as follows:
(a) Approval of Concept Plan. The City hereby acknowledges and agrees
that the Concept Plan is acceptable; provided, however, Highlander shall have the
obligation to further submit and obtain the City's approval of a final subdivision plan and
final engineering plans. Highlander acknowledges and agrees that the Concept Plan was
not prepared with specific surveyed dimensions and that during the final subdivision and
final engineering process such dimensions shall be surveyed, duly engineered, and
provided to the City. Further, the elevations and roof lines depicted in the Concept Plan
for the townhome buildings will have to be adjusted to the City's satisfaction in order to
accommodate a different number of units than what is shown in the Concept Plan.
Moreover, Highlander understands that the City will require that the color of the
townhome buildings be varied from building to building. As such, Highlander and the
City agree that the Concept Plan is intended to be conceptual in nature and subject to
reasonable adjustments at the final subdiv:ision and final engineering phase in order to
bring the Project into compliance with the City Code.
(b) Utilities. The City hereby acknowledges and agrees that it currently has
sufficient water and sewer treatment plant capacity available to service the Property and
shall provide such services to the Project as depicted in the Concept Plan. Highlander
acknowledges and agrees that offsite improvements may be necessary, at Highlander's
cost, to provide water and sewer service to the Property including, but not limited to,
force main, lift station and pump upgrad(~s. Further, all water and sewer improvements
required on-site to service the Property shall be at Highlander's expense.
Developer's Agreement
City of Winter Springs and Highlander, LTD.
Page 2 of 17
(c) Roadwa"s~ Collector Road Unless otherwise provided in this paragraph,
all roadways shall be designed and constructed pursuant to the Town Center District
Code. In order to facilitate the safe, efficient and orderly flow of traffic throughout the
Winter Springs Town Center, the City desires to have a collector road rulll1ing through the
Property which connects with Doran Drive located across S.R. 434 and eventually
cOlll1ecting too, and rulll1ing through, the adjacent property to the east (Ondick Property)
to Tuskawilla Road ("Collector Road"). The Collector Road shall serve as the primary
entrance to the Project from S.R. 434. The Collector Road shall be designed, located and
constructed in accordance with the Concept Plan and shall consist of three different
design segments. The S.R. 434 entrance shall consist of an Urban Boulevard design and
COlll1ect to a Neighborhood Street. The design requirements for the Urban Boulevard and
Neighborhood Street are set forth in the Town Center District Code. The Neighborhood
Street shall COlll1ect to a modified Edge Drive de~;ign which is attached hereto as Exhibit
"C" and incorporated herein by this reference. The City agrees to promptly amend the
Town Center Transportation Master Plan to incorporate the Collector Road into said Plan.
Further, the parties acknowledge that the City is currently in the process of amending its
Comprehensive Plan (Transportation Element Policy 1.5.14) to eliminate the bike lane
requirement for collector roads within the Town Center and that upon final approval of
the amendment, the bike lane will not be required for the Collector Road. Subject to final
City approval, Highlander agrees to design, permit, and construct that portion of the
Collector Road located on their Property; provided, however, the City shall reimburse
Highlander for the reasonable costs thereof. For purposes of this Agreement, (i) the
design costs shall include the costs and expenses of land surveying, civil engineering,
landscape architecture, irrigation design, electrical engineering and lighting design, and
(ii) the construction costs shall include the costs and expenses for clearing, grubbing and
earth excavation, and for the construction of all storm drainage facilities, Progress Energy
approved decorative street lights, landscaping, hardscape, irrigation, sidewalks, curbs,
pavement, striping, signage and any required additional offsite improvements related to
the Collector Road (all of the foregoing costs and expenses are hereinafter collectively
referred to as the "Roadway Expenses"). To the extent any of the Roadway Expenses
also benefit other aspects of the Project not related to the Collector Road (e.g.,
stormwater improvements for the buildings and common areas), the City shall only be
responsible for reimbursing the proportionate share of the particular expense related to
the Collector Road. The City shall reimburse Highlander in the amount of the Roadway
Expenses within ninety (90) days after the Collector Road has been completed and
accepted by the City. At the City's option, the City may provide transportation impact fee
credits to Highlander to be applied to the Roadway Expenses owed by the City. In the
event the City elects to provide such credits, the payment of the transportation impact fee
credits by Highlander shall be reconciled at the time the Collector Road is accepted by
the City. If the Roadway Expenses exceed the amount of the transportation impact fee
credit, the City shall reimburse Highlander, by check, the amount of the Roadway
Expense in excess of the transportation impact fee credit. On the other hand, if the
Roadway Expenses are less than the amount of the transportation impact fee credit,
Highlander shall pay the City, by check, thl~ amount of the transportation impact fee in
excess of the Roadway Expenses.
Developer's Agreement
City of Winter Springs and Highlander, LTD.
Page 3 of 17
Highlander agrees that all Roadway Expenses shall be subject to an informal
competitive bid process under which Highlander shall obtain three (3) written quotes or
bids. Each quote or bid shall be submitted to the City for review and approval prior to
Highlander entering into any contract for the desi.gn, permitting and construction of the
Collector Road. Highlander further agrees that at the time reimbursement for any
Roadway Expense is requested, Highlander shall provide the City with a copy of all
applicable invoices, receipts, warranties, maintenance bonds, and documentation,
including all change orders, which shall clearly evidence each reimbursable Roadway
Expense. The City shall not be responsible for rei.mbursing any Roadway Expense which
can not be properly and reasonably documented in writing. The City shall not
unreasonably withhold any approvals required under this paragraph.
Highlander agrees to convey to the City that portion of the Collector Road located
on the Property and all other roadways (exclud:ing alleyways) depicted on the Concept
Plan, along with all related improvements thereon and thereunder. All such land
conveyances shall be by a recorded plat and free and clear of all encumbrances.
Conveyance of improvements shall be by bill of sale and free and clear of all liens. The
plat and bill of sale shall be in a form acceptable to the City Attorney.
(d) Construction of Neil!hborhood Street on Eastern Boundary The
parties acknowledge that the Concept Plan requires that a Neighborhood Street be
constructed along the eastern boundary of the Property running perpendicular with S.R.
434. Said Neighborhood Street shall be designed and aligned as a fully functional
intersection with Cliff Rose Drive located across S.R. 434. However, Highlander only
owns half of the property that is required to fully construct said street. As such, unless
additional lands are made available to constlUct the full width of the street prior to
platting, Highlander shall plat only half of the Neighborhood Street with the
understanding that the City desires that the other half of the street be provided by the
adjacent property owner (Ondick) in the future. Highlander agrees to convey the half
portion of the Neighborhood Street to the City by recorded plat. Said conveyance shall
be in the same manner as the Collector Road. Upon conveyance, the City will design,
permit, and construct the Neighborhood Street at such time the City acquires the full
amount of land that is required to construct the full width of the street. Notwithstanding,
the City, at its option, may construct the half portion of said street located on the
Property, provided the City can successfully acquire a temporary construction easement
from the adjacent property owner. If the construction easement cannot be obtained, the
City shall construct a sidewalk on the half portion of street for the benefit of the
townhome units that will be fronting said street. Because the parties acknowledge and
agree that the final construction of this Neighborhood Street will require future land
acquisition by the City and phased construction, the timing of which is uncertain, the City
Commission hereby waives the provisions of Section 9-152 and 9-154 prohibiting Y2
platted streets and requiring cul-de-sacs at dead ends.
(e) Construction of Stormwater' Improvements. Highlander shall design the
Project to accommodate the stormwater requirements for the Property, including the
roadway improvements to be located adjacent to and/or within the Project. The City shall
permit Highlander to' use any existing City rights-of-way and/or easements to
Developer's Agreement
City of Winter Springs and Highlander, LTD.
Page 4 of 17
accommodate stonnwater generated from the Property, provided said use is deemed
acceptable and feasible by the City. Highlander shall provide any additional property that
is necessary to accommodate stormwater generated from the Property. At the City's
request, Highlander agrees to design, permit and construct oversized stormwater facilities
to service adjacent properties and the extension of the Collector Road from the Property
to Tuskawilla Road. The City shall reimburse Highlander for the full cost of oversizing
said facilities in accordance with the procedures set forth in paragraph 3( c) herein.
(f) Installation of Utility Lines bv Hiehlander. Highlander hereby
acknowledges and agrees that all overhead utilities along the frontage of the Project shall
be installed underground along the boundary of the Property with S.R. 434. By recorded
plat, Highlander shall convey to the City a utilities easement, fifteen (15) feet in width,
along the entire northern boundary of the Property adjacent to S.R. 434 in a form
acceptable to the City Attorney.
(g) Easement for Traffic Sienal. Within thirty (30) days of the effective date
of this Agreement, Highlander shall grant and convey to the City two 1 O'x 1 0' easement
areas, in a form and in locations mutually acceptable to Highlander and the City, within
the Property at the intersection of Doran Drive and S.R. 434, to facilitate the City's
installation, maintenance and repair of traffic signal facilities at the City's sole cost and
expense. Highlander acknowledges that the design, permitting and installation of the
traffic signal is expected to take the City at least nine (9) months to complete.
(h) Town Center Code Waivers. Based on the Concept Plan and
Highlander's agreement to the terms and conditions set forth in this Agreement, the City
Commission hereby grants the following waivers to the Town Center District Code
pursuant to the special exception criteria enumerated in Section 20-321(c):
(1) The buffer wall requirement along the southern perimeter boundary as
required by Section 20-417.
(2) The frontage road required by Section 20-325(c)(8), except as shown on the
Concept Plan.
(3) The Edge Drive requirements set forth in Section 20-325(c)(11) and the
Squares, parks, and streets map in Section 20-325(c), provided the Collector Road and
other streets are designed, permitted, and constructed in accordance with the Concept
Plan. In addition, the Collector Road shall comply with the modified Edge Drive section
plan attached hereto as Exhibit "C" and a total of a minimum of one hundred and three
(103) on-street guest parking spaces are provided for the Project on the Property.
(i) Trash/Refuse Pick-uo, l-.Jo trash dumpster shall be located on the
Property. Trash and refuse service to the townhome units and common areas will be
provided for each individual townhouse unit or area by individual containers and pickup
shall be required in the alleys depicted on the Concept Plan.
(j) Wall Requirement. In accordance with Section 20-417, Winter Springs
City Code, Highlander shall construct an opaque wall of six (6) feet in height along the
Developer's Agreement
City of Winter Springs and Highlander, LTD.
Page 5 of 17
full length of the western property line excluding the frontage road. Vegetative screening
shall also be provided along the western property line excluding the frontage road.
(k) Mandatorv Homeowner's Association Required. Highlander shall form
a mandatory homeowners association (the "Homeowners' Association") for purposes of
maintaining any and all common areas, landscaping, entrance signs, walls, fences,
recreational areas, and stormwater facilities associated with the Project. A separate
Declaration of Covenants, Conditions and Restrictions (the "Declaration") will be
executed and recorded among the Public Records of Seminole County, Florida to
evidence the formation of the Homeowners' Association and establish its rights, duties
and obligations. The Declarations shall be in a form acceptable to the City Attorney and
shall require the Homeowners' Association, and the members thereof, to be bound by the
terms and conditions of this Agreement.
(1) Construction and Use of Modellflomes. Prior to the recording of the
final plat, the City agrees to permit Highlander to construct model townhouse units under
the following conditions:
(1) The model townhouse units shaH be contained in a single building and
shall not exceed five (5) individual units.
(2) The model townhouses shall remain under Highlander's ownership and
control until such time as the final plat is recorded by the City and a final certificate of
occupancy for each unit is issued under the conditions set forth below. In other words,
Highlander shall not contract for sale, sell" or lease any of the individual model
townhouse units until such time as the City approves and records the final plat for the
Project and issues a final certificate of occupancy for each unit.
(3) The model townhouse units shall be located along the Urban Boulevard
depicted on the Concept Plan.
(4) Prior to construction, the model townhouses shall be duly permitted by the
City in accordance with all City Codes. As part of the building permit application,
Highlander shall submit, along with all construction plans for the townhouse units, a duly
certified boundary survey which shall depict the location and legal description of the
model townhouse site and each individual model townhouse lot. Highlander
acknowledges and agrees that this legal description is intended to coincide with the
eventual location of the townhouse lots as depicted and legally described on the final plat.
Highlander assumes full and complete responsibility and liability in the event that said
legal descriptions do not conform to the lot l.ines required by the City in the final plat.
(5) At such time the Building Official completes and approves a final
inspection of the model townhouse units, the City will issue a temporary certificate of
occupancy. Said temporary certificate of occupancy shall be issued for the model
townhouse building as a whole, not by individual units. Occupancy of the townhouse
units shall be limited to the sale and marketing efforts for the Project. In addition,
Developer's Agreement
City of Winter Springs and Highlander, LTD.
Page 6 of 17
Highlander shall have the right to utilize one garage in the model townhouse building as a
temporary sales office.
(6) At the request of Highlander or at such time the Project development is
completed, whichever occurs sooner, the model townhouse units shall be converted into
permanent residential units and the City shall issue individual certificates of occupancy
for each model townhouse unit; provided, however, the final plat is approved and
recorded by the City and the Building Official determines that the units are suitable for
permanent residential occupancy and in compliance with the City Code.
(m) Rif!ht-of-wav alonf! Southern Border of Property. The parties
acknowledge and agree that an unimproved right-of-way owned by the City is located
along the southern perimeter of the Property and abuts the adjacent Tuskawilla Trails
manufactured home park. The City agrees that Highlander shall have the nonexclusive
use of the right-of-way for purposes of constructing an alley and vegetative screening as
depicted on the Concept Plan and approved by the City. The vegetative screening shall
be installed and maintained along the entire southern boundary of the right-of-way for
purposes of screening the Project from Tuskawilla Trails. In consideration of receiving
the nonexclusive benefit of using this right-of~way to enhance the Project, Highlander
agrees, at its cost, to maintain at all time said right-of-way, and all Project improvements
thereon, in a good and reasonable condition.
(n) Recreational Area. Highlander shall be required to provide and
maintain a recreational area within the Project in accordance with the Concept Plan and
final engineering plans approved by the City.
(0) Guest Parkiof! Spaces. Highlander shall construct a mmlmum of
one hundred and three (103) on-street guest parking spaces within the Project.
(P) Development Permit Fees. Highlander agrees to pay all ordinary and
customary development permit fees imposed by the City including, but not limited to,
application, building, and impact fees. The City agrees, however, that the annexation,
town center future land use map comprehensive plan amendment, and town center
rezoning application fees are hereby waived. Such fees are waived in consideration of
Highlander's agreement to fully cooperate with the City's efforts to administratively
process such applications in furtherance of the Town Center policies contained in the
City's Comprehensive Plan.
5. Representations of the Parties. The City and HigWander hereby each represent
and warrant to the other that it has the power and authority to execute, deliver and perform the
terms and provisions of this Agreement and hafi taken all necessary action to authorize the
execution, delivery and performance of this Agreement. This Agreement will, when duly
executed and delivered by the City and Highlander and recorded in the Public Records of
Seminole County, Florida, constitute a legal, valid. and binding obligation enforceable against the
parties hereto and the Property in accordance wi'[h the terms and conditions of this Agreement.
Highlander represents that it has voluntarily and willfully executed this Agreement for purposes
Developer's Agreement
City of Winter Springs and Highlander, LTD.
Page 7 of 17
of binding the Property and the Homeowners' Association, and the members thereof.Jo the terms
and conditions set forth in this Agreement.
6. Successors and Assi2:ns. This Agreement shall automatically be binding upon
and shall inure to the benefit of the City and Highlander and their respective successors and
assigns including, but not limited to, the Homeowners' Association and the members thereof.
The terms and conditions of this Agreement similarly shall be binding upon the Property and
shall run with title to the same.
7. Applicable Law. This Agreement shall be governed by and construed In
accordance with the laws of the State of Florida.
8. Amendments. This Agreement shall not be modified or amended except by
written agreement duly executed by both parties hereto (or their successors or assigns) and
approved by the City Commission.
9. Entire A2:reement. This Agreement supersedes any other agreement, oral or
written, and contains the entire agreement between the City and Highlander as to the subject
matter hereof.
10. Severability. If any provision of this Agreement shall beheld to be invalid or
unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any
respect the validity or enforceability of the remainder ofthis Agreement.
11. Effective Date. This Agreement shall become effective upon approval by the
City Commission and execution of this Agreement by both parties hereto.
12. Recordation. This Agreement shall be recorded in the Public Records of
Seminole County, Florida.
13. Relationship of the Parties. The relationship of the parties to this Agreement is
contractual and Highlander is an independent contractor and not an agent of the City. Nothing
herein shall be deemed to create a joint venture or principal-agent relationship between the
parties, and neither party is authorized to, nor shall either party act toward third persons or the
public in any manner, which would indicate any such relationship with the other.
14. Soverei2:n Immunitv. Nothing contained in this Agreement shall be construed as
a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or any
other limitation on the City's potential liability under the state and federal law.
15. City's Police Power. Highlander agJrees and acknowledges that the City hereby
reserves all police powers granted to the City by law. In no way shall this Agreement be
construed as the City bargaining away or surrendering its police powers.
16. Interpretation. The parties hereby agree and acknowledge that they have both
participated equally in the drafting of this Agreement and no party shall be favored or disfavored
regarding the interpretation to this Agreement in the event of a dispute between the parties.
Developer's Agreement
City of Winter Springs and Highlander, LTD.
Page 8 of 17
17. Third-Party Rights. This Agreement is not a third-party beneficiary contract and
shall not in any way whatsoever create any rights on behalf of any third party.
18. Specific Performance. Strict compliance shall be required with each and every
provision of this Agreement. The parties agree that failure to perform the obligations provided
by this Agreement shall result in irreparable damage and that specific performance of these
obligations may be obtained by a suit in equity.
19. Attorney's Fees. In connection with any arbitration or litigation arising out of
this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and
costs through all appeals to the extent permitted by law.
20. Development Permits. Nothing herein shall limit the City's authority to grant or
deny any development permit applications or requests subsequent to the effective date of this
Agreement. The failure of this Agreement to address <'my particular City, County, State and/or
Federal permit, condition, term or restriction shall not relieve Highlander or the City of the
necessity of complying with the law governing said permitting requirement, condition, term or
restriction. Without imposing any limitation on the City's police powers, the City reserves the
right to withhold, suspend, or terminate any and all certificates of occupancy for any building or
unit if Highlander is in breach of any term and condition of this Agreement.
[SIGNATURES FOLLOW ON NEXT PAGE]
Developer's Agreement
City of Winter Springs and Highlander, LTD.
Page 9 of 17
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the
date first above written.
CITY OF WINTER SPRINGS
ATTE T:
~iIf
B{--~-/~
J~?n F. Bush, Mayor
enzo Luaces, City Clerk
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Winter
Springs, Florida, only.
CrfY SEA L
Dated:
By: .
Anthony Garganese, City Attorney for
the City of Winter Springs, Florida
Developer's Agreement
City of Winter Springs an.d HigWander, LTD.
Page 10 of 17
9~
Signature of Witnes~ ""
/---~ ~-:Y~
Printed Name of Witness '
HIGHLANDER INVESTMENTS, LTD., a
::JIK;;ii/
Printed Name: ~"w'j~ W. ~~J....<C:i~
Title: 'i~f::'S
Signed, sealed and delivered in the
presence of the following witnesses:
0bfI1ll~
~ture of Witness .&I? ~
~L)4. PI '///f/Son/
Printed Name It-witness '
STATE OF FLORIDA
COUNTY OF C) /lQ r,.9 <2..
The foregoing instrument, was acknowledged before me this .:; r-d day of
~V , 2004, b'i.O~",'e?"~.,~c~~d , as ~/&!--~~
of HIGHLAND R1NVESTMENTs;- " a Florida limited partnership, on behalf of said
partnership. e is personally known to me' produced as
identificatio :
(NOTARY SEAL)
~;;LQ~~ b
Ruth Ann Youn
(Print Name) . Wtf Commission
Notary Public, State. C Ex 'res May 29.2007
Commis!iion No.:
My Commission Expires:
Developer's Agreement
City of Winter Springs and Highlander, LTD.
Page 11 of 17
EXHIBIT "A"
Legal Description
Parcel 36-20-30-502-0000-0020:
That part of the unplatted part of Block B of Mitchell's Survey of the Levy Grant described as
beginning at a point 1186 feet North 38045' West of the most Easterly Comer of that part of said
Block B lying South West of the Sanford-Oviedo Road and running North 38045' West 400 feet
along the Westerly line of the Sanford-Oviedo Highway; thence South 51015' West 351.1 Feet;
thence South 22015' East 417.6 feet; thence North 51015' East 470.78 feet to the Point of
Beginning, all in Block B of Mitchell's Survey of the Levy Grant, according to plat thereof as
recorded in Plat Book 1, Page 5, Public Records of Seminole County, Florida, Less and Except
the right of way for State Road 434, formerly Sanford-Oviedo Road.
TOGETHER WITH:
Parcel #36-20-30-502-0000-0040:
Beginning at the most Easterly comer of Block B, ofD,R. Mitchell's Survey of the Levy Grant,
recorded in Plat Book 1, Page 5, lying on the South and West side of the paved road from
Sanford to Oviedo; thence along the Southwesterly side of said paved road North 38 degrees 45
minutes West 986 feet for the point of beginning; thence North 38 degrees 45 minutes West 100
feet; thence South 51 degrees 15 minutes West 250 feet; thence South 38 degrees 45 minutes
East 100 feet; thence North 51 degrees 15 minutes East 250 feet to the Point of Beginning; Less
and except right-of-way for State Road 434.
TOGETHER WITH:
Parcel #36-20-30-502-0000-004B:
Beginning at the most Easterly comer of that part of Block "B" of the D. R. Mitchell Survey of
the Levy Grant, as recorded in Plat Book 1, Page 5, of the Public Records of Seminole County,
Florida, lying South and West of the paved road from Sanford to Oviedo; thence along the
Southwesterly side of the said paved road North 38 degrees 45 minutes West 1086 feet; thence
South 51 degrees 15 minutes West 235 feet for a point of beginning; thence North 38 degrees 45
minutes West 100 feet; thence South 51 degrees 15 minutes West 235.78 feet; thence South 22
degrees 15 minutes East 104.4 feet; thence North 51 degrees 15 minutes East 265.7 feet to the
point of beginning.
TOGETHER WTTH:
Parcel #36-20-30-S02-0000-004C:
Beginning at the most Easterly comer of that part of Block B of the D.R. MITCHELL SURVEY
OF THE LEVY GRANT as recorded in Plat Book 1, Page 5, Public Records of Seminole
County, Florida, lying South and West of paved road from Sanford to Oviedo, thence along the
Southwesterly side of said paved road North 38 degrees 45 minutes West 986 feet, thence South
51 degrees 15 minutes West 250 feet for a POINT OF BEGINNING, thence South 51 degrees 15
minutes West 100 feet, thence North 38 degrees 45 minutes West 100 feet, thence North 51
degrees 15 minutes East 100 feet, thence South 38 degrees 45 minutes East 100 feet to the
POINT OF BEGINNING.
AND
Beginning at the most Easterly comer of that part of Block B of the D.R. MITCHELL SURVEY
OF THE LEVY GRANT as recorded in Plat Book 1, Page 5, Public Records of Seminole
County, Florida, lying South and West of paved road from Sanford to Oviedo, thence along the
Southwesterly side of said paved road North 38 degrees 45 minutes West 986 feet, thence South
51 degrees 15 minutes West 350 feet for a POINT OF BEGINNING, thence North 38 degrees 45
minutes West 100 feet, thence South 51 degrees 15 minutes West 150.70 feet, thence South 22
degrees 05 minutes 34 seconds East 104.38 feet, thence North 51 degrees 15 minutes East 180.62
feet to the POINT OF BEGINNING.
TOGETHER WITH:
Parcel #36-20-30-S02-00000-004A:
Beginning at the most Easterly comer of that part of Block B of the D. R. MITCHELL SURVEY
OF THE LEVY GRANT, as recorded in Plat Book 1, Page 5, of the Public Records of Seminole
County, Florida, lying South and West of the paved road from Sanford to Oviedo; thence along
the Southwesterly side of the said paved road North 38 degrees 45 minutes West 1086 feet to the
POINT OF BEGINNING; thence North 38 degrees 4:5 minutes West 100 feet; thence South 51
degrees 15 minutes West 235 feet; thence South 38 degrees 45 minutes East 100 feet; thence
North 51 degrees 15 minutes East 235 feet to the POINT OF BEGINNING, LESS AND
EXCEPT right-of-way for State Road 434.
TOGETHER WITH:
Parcel #36-20-30-502-0000-0050 and 36-20-30-502-0000-0060:
Commence at the most Easterly corner of that part of Block B of the D. R. Mitchell Survey of
the Levy Grant as recorded in Plat Book 1, Page 5, of the Public Records of Seminole County,
Florida, lying South and West of the paved road from Sanford to Oviedo; thence along the
Southwesterly side of said paved road North 38045'00" West, 786.00 feet to the POINT OF
BEGINNING; thence North 38045'00" West, 200.00 feet; thence South 51015'00" West, 530.12
feet; thence South 22008'19" East along the easterly line of a 30 foot wide unnamed right-of-way
per said D. R. Mitchell Survey of the Levy Grant, a distance of 208.71 feet; thence North
51015'00" East, 589.79 feet to the POINT OF BEGINNJNG; same lot being Lot 5 of survey of
Joe E. Johnston, C.E. Deed Book 147, Page 221. Less right of way for State Road 434 pursuant
to that certain Order of Taking recorded in Official Records Book 2831, Page 1024, of the Public
Records of Seminole County, Florida;
AND
Lot 6, Joe E. Johnston Survey, Block B ofD. R. Mitchell Survey of the Levy Grant, Plat Book 1,
Page 5, Public Records of Seminole County, Florida. That part of the unplatted part of Block B
of the D.R. Mitchell Survey of Levy Grant in Seminole County, BEGINNING at a point 586.00
feet North 38045'00" West of the most Easterly corner of said unplatted part of Block B, lying
South and West of the paved road leading from Sanford to Oviedo, thence North 38045'00"
West, 200.00 feet along Westerly line of the Sanford-Oviedo Highway; thence South 51015'00"
West, 589.79 feet; thence South 22008'19" East along the easterly line of a 30 foot wide
unnamed right-of-way per said D. R. Mitchell Survey of the Levy Grant, a distance of 208.71
feet; thence North 51015'00" East, 649.45 feet to the POINT OF BEGINNING, same being Lot 6
of a Survey made by Joe E. Johnston, C.E. LESS a parcel ofland being described as: Beginning
at a point 686 feet North 38045' West of the most Easterly corner of unplatted part of Block B, of
D. R. Mitchell Survey of the Levy Grant, according to the plat as recorded in Plat Book 1, Page
5, Seminole County, Public Records, lying South and West of the paved road leading from
Sanford to Oviedo, thence North 38045' West 100 feet along Westerly line of the Sanford-
Oviedo Highway, thence South 51015' West 200 feet thence South 38045' East 100 feet, thence
North 51015' East 200 feet to the point of beginning, same being a part of Lot 6 of Survey made
by Joe E. Johnston, CEo LESS right-of-way for State Road 434 pursuant to that certain Order of
Taking recorded in Official Records Book 2831, Page 1024, of the Public Records of Seminole
County, Florida.
TOGETHER WITH:
Parcel #36-20-30-S02-0000-006A:
Beginning at a point 686 Feet North 38045' West of the most Easterly corner of unplatted part of
Block B of D. R. Mitchell Survey of the Levy Grant, according to the plat thereof as recorded in
Plat Book 1, Page 5, of the Public Records of Seminole County, Florida, lying South and West of
the paved road leading from Sanford to Oviedo, thence North 38045' West 100 Feet along
Westerly line of the Sanford-Oviedo Highway, thence South 51015' West 200 Feet, thence South
38045' East 100 Feet, thence North 51015' East 200.00 Feet to the point of beginning, same
being part of Lot 6 of a survey made by Joe E. Johnston, C.E., less right of way for State Road
434 pursuant to that certain Order of Taking recorded in Official Records Book 2831, Page 1024
of the Public Records of Seminole County, Florida.
EXHIBIT "C"
Modified Edge Drive Phm
Below is the Edge Drive street section modified to accommodate sidewalk~ and green strips
on both sidt::s, making double-loading with buildings possible:
Ruild-to Line '.
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